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Chapter 3

Form 3-21

[Caption. See § 3 of the Introduction in this manual.]

Order Establishing Subaccount of Pooled Trust

On [date], the Court considered the Application for Establishment of Subaccount with Pooled Trust of [name of applicant], [guardian of the [person/estate/person and estate] of [name of ward], Ward/[specify other relationship to ward] of [name of ward], Ward]. The Court has read the application and heard all evidence in support of the application. As there are no objections to the application, the Court finds that:

1.This Court has jurisdiction and venue of this cause.

2.Notice of the application has been given to those persons as required by the Texas Estates Code.

3.Citation has been personally served on Ward in accordance with the law.

4.It is in the best interests of Ward, pursuant to section 1302 of the Texas Estates Code, to establish a subaccount of a pooled trust with [name of trust] for the benefit of Ward.

5.The [name of trust] meets the requirements of 42 U.S.C. § 1396p(d)(4)(C) as spec­ified in section 1302.001(3) of the Texas Estates Code.

6.It is in the best interest of Ward for the following assets to be transferred to a sub­account with [name of trustee] to be held in the name of Ward and for the benefit of Ward: [specify assets to be transferred].

It Is Therefore Ordered that:

1.[Name of guardian] shall establish a subaccount with [name of trustee] in the name of [name of ward], of which [name of ward] is the beneficiary, as a less restrictive alternative to the appointment of a guardian of the estate for [name of ward].

2.The following assets shall be transferred to a subaccount with [name of trust] to be held in the name of [name of ward] and for the benefit of [name of ward]: [specify assets as indicated above].

SIGNED on ________________________________.

   
JUDGE PRESIDING